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Note: Links to our free templates are at the bottom of this long guide.
Also note: This is not legal advice

Introduction

Summary judgment is a powerful tool for both plaintiffs and defendants in civil cases. It allows a court to swiftly adjudicate on the legal rights of those involved, eliminating any issues of fact that could arise from the dispute, and potentially avoiding the need for a costly and lengthy trial. For plaintiffs, summary judgment simplifies the burden of proof – often allowing them to quickly resolve a case before it goes to court. This can be especially beneficial when dealing with large damages or complex legal matters. For defendants too, summary judgment can prove advantageous – potentially saving them time and money associated with full-trial litigation.

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Definitions

Summary Judgment: A legal procedure used in civil litigation in order to resolve disputes quickly and efficiently. The court makes a determination based on the evidence that has been submitted by the parties.
Motion for Summary Judgment: A request to the court to decide a case without a full trial. The criteria for deciding whether a motion for summary judgment should be granted is whether there is no genuine dispute as to any material fact and whether the moving party is entitled to judgment as a matter of law.
Motion for Partial Summary Judgment: Similar to a motion for summary judgment, but instead of resolving the entire case the court will only decide on the specific issues that are being contested.
Motion for Judgment on the Pleadings: A request to the court to decide a case based on the pleadings that have been filed by the parties.
Motion for Involuntary Dismissal: A request to the court to dismiss a case due to the failure of one of the parties to properly prosecute the case.
Genuine Issues of Material Fact: Questions or issues that are relevant to the outcome of the case and must be decided by the court.
Entitled to Judgment as a Matter of Law: A legal term that means the court should rule in favor of the party based on the facts presented.

Contents

1. An overview of what summary judgment is and why it is used in civil litigation
2. The purpose of summary judgment
3. The differences between summary judgment and other forms of judgment
4. The advantages and disadvantages of summary judgment
5. The different types of summary judgments and the criteria used to determine which type of summary judgment is applicable to a given case
6. Motion for summary judgment
7. Motion for partial summary judgment
8. Motion for judgment on the pleadings
9. Motion for involuntary dismissal
10. An explanation of the procedure for filing a motion for summary judgment
11. What documents need to be filed
12. Where the documents need to be filed
13. What needs to be included in the motion
14. An explanation of the court’s role in granting summary judgment and the possible outcomes of the decision
15. The standard the court uses to decide whether to grant summary judgment
16. The possible outcomes of a successful or unsuccessful summary judgment motion
17. The implications of the court’s decision
18. Tips and advice on how to effectively prepare for and present a summary judgment motion
19. What types of evidence should be presented
20. How to effectively argue a motion for summary judgment
21. How to respond to opposition arguments
22. A discussion of the potential consequences of a successful or unsuccessful summary judgment motion
23. The implications for the parties involved
24. The effects on the case
25. The potential for financial implications
26. A discussion of the legal implications of a successful or unsuccessful summary judgment motion
27. The effect on the parties involved
28. The possible legal ramifications of the decision
29. The potential implications for future cases
30. An explanation of the appeals process for both successful and unsuccessful summary judgment motions
31. The procedure for filing an appeal
32. The timeline for filing an appeal
33. The steps involved in the appeals process
34. A discussion of the importance of following the applicable rules of procedure when filing a summary judgment motion
35. The need to adhere to the applicable rules of civil procedure
36. The consequences of not following the applicable rules of civil procedure
37. The potential for sanctions if the rules of civil procedure are not followed
38. An assessment of the benefits and drawbacks of pursuing summary judgment in a particular case
39. A discussion of the potential benefits of summary judgment in a given case
40. An evaluation of the potential drawbacks of summary judgment in a given case
41. An analysis of the costs associated with pursuing summary judgment in a given case

Get started

An overview of what summary judgment is and why it is used in civil litigation

• Understand the basic legal definition of summary judgment
• Learn the purpose of summary judgment in civil litigation
• Research cases where summary judgment has been used
• Know the differences between summary judgment and other methods of dealing with legal issues
• When you have a thorough understanding of summary judgment, you can check this step off your list.

The purpose of summary judgment

• Understand that summary judgment is a tool used by courts to expedite civil litigation
• Be able to identify the purpose of summary judgment and why it is used in civil litigation
• Know that summary judgment is used to determine whether a case should proceed to trial or be dismissed with prejudice
• Be aware of the differences between summary judgment and other court rulings
• Once you are able to identify the purpose and explain why summary judgment is used in civil litigation, you can check this off your list and move on to the next step.

The differences between summary judgment and other forms of judgment

• Understand the differences between a summary judgment and other forms of judgment in terms of the relief sought, the standard of proof, and the burden of proof
• Learn the differences between a summary judgment and trial, an appeal, and an arbitration
• Know the differences between summary judgments and other forms of judgments based on their enforceability

Once you’ve gained an understanding of the differences between summary judgment and other forms of judgment, you can check this step off your list and move on to the next step.

The advantages and disadvantages of summary judgment

• Understand the advantages and disadvantages of summary judgment. The main advantage of summary judgment is that it can save time and money by avoiding a lengthy trial. Additionally, it eliminates the possibility of an uncertain jury verdict. Summary judgment also gives the parties an opportunity to present arguments and evidence without having to wait for a trial.
• However, summary judgment is not always the best option. It can be difficult to win a motion for summary judgment, as the court must find that there are no genuine issues of material fact and that the case can be decided as a matter of law. Additionally, summary judgment can be a risky strategy, as the court may not agree with the arguments and evidence presented.
• Research and understand the strengths and weaknesses of summary judgment. Read cases that have been decided on summary judgment and analyze the types of facts and evidence that were used to support it.
• Know when you can check this off your list and move on to the next step. You will know that you are ready to move on to the next step in the guide when you understand the advantages and disadvantages of summary judgment and have researched and analyzed relevant cases.

The different types of summary judgments and the criteria used to determine which type of summary judgment is applicable to a given case

• Understand the two types of summary judgments: (1) summary judgment on the merits and (2) summary judgment on the pleadings
• Determine the criteria for each type of summary judgment:
• Summary judgment on the merits requires that no genuine issue of material fact exists; the court must determine that the movant is entitled to judgment as a matter of law.
• Summary judgment on the pleadings requires that the pleadings, including the complaint and answer, conclusively reveal that no material issues of fact exist and that the movant is entitled to judgment as a matter of law.
• Research the applicable law, including statutes, case law, and rules of procedure to determine which type of summary judgment is applicable in your case.
• When you have identified the applicable type of summary judgment and the criteria for it, you can move on to the next step of filing a motion for summary judgment.

Motion for summary judgment

• Prepare the motion for summary judgment, citing the applicable legal authority for the type of summary judgment sought.
• File the motion for summary judgment with the court, providing a copy to the opposing party.
• Serve the opposing party with notice of the motion for summary judgment, as required by the court.
• The opposing party will have a certain length of time to respond to the motion for summary judgment.
• Once the opposing party has either responded to the motion or the time period to respond has passed, the court will make a decision as to whether or not to grant the motion for summary judgment.
• You will know you have completed this step when the court has made its decision on the motion.

Motion for partial summary judgment

• Research the applicable law and facts to determine whether summary judgment should be granted in part
• Draft a motion for partial summary judgment and supporting memorandum of law
• Serve the motion and memorandum on the opposing party
• Schedule a hearing with the court
• Attend the hearing and make oral arguments
• Receive the court’s ruling on the motion
• Check off this step and move on to the next step (Motion for Judgment on the Pleadings)

Motion for judgment on the pleadings

• Prepare a motion for judgment on the pleadings, which is a request for the court to issue a judgment based on the facts and legal arguments presented in the pleadings.
• File the motion with the court and serve a copy on the opposing party.
• The opposing party will then have the opportunity to respond to the motion.
• Once the opposing party responds to the motion, you will have the opportunity to file a reply to the response.
• After all papers have been filed, the court will schedule a hearing.
• At the hearing, the court will decide whether to grant or deny the motion.
• Once the court makes its decision, you will know whether the motion was successful and can move on to the next step.

Motion for involuntary dismissal

• File a motion for involuntary dismissal for lack of prosecution with the court
• Serve the motion upon the plaintiff
• File proof of service with the court
• The court will review the motion and may grant the dismissal
• Once the dismissal is granted, you can check this step off your list and move on to the next step.

An explanation of the procedure for filing a motion for summary judgment

• Research the applicable laws and procedures for filing a motion for summary judgment in your jurisdiction.
• Prepare the motion for summary judgment and supporting documents, including affidavits and other evidence to support the motion.
• File the motion for summary judgment with the court.
• Serve a copy of the motion for summary judgment and supporting documents on all parties.
• Attend the hearing on the motion for summary judgment if necessary.
• Wait for the court’s ruling on the motion for summary judgment.

You’ll know you can check this step off your list when you have filed the motion for summary judgment with the court and served a copy on all parties.

What documents need to be filed

• Documents to be filed for a motion for summary judgment include a motion for summary judgment, supports such as affidavits, deposition transcripts, and other evidence, and a memorandum of law.
• The motion for summary judgment should outline the material facts of the case and the reasons why the court should grant the motion and enter judgment in the party’s favor.
• When filing affidavits, deposition transcripts, and other evidence, the party must make sure to comply with all applicable rules of evidence.
• Once all of the documents have been prepared, the party can proceed to the next step of the procedure.

Where the documents need to be filed

• Gather all documents for the summary judgment motion and make sure they are in the correct order
• The documents should be filed in the clerk’s office at the county courthouse
• When the motion is complete and all documents are in the correct order, make sure to double-check that they are all in the right place before submitting them to the clerk’s office
• Once the documents have been submitted to the clerk’s office, you can check this step off your list and move on to the next step

What needs to be included in the motion

• Research the legal standard for summary judgment in the state that the motion is being filed
• Draft a motion for summary judgment that includes factual allegations and supporting evidence for why summary judgment should be granted
• Draft a memorandum of law detailing the applicable legal standard and why the facts support a finding of summary judgment in favor of the movant
• Draft an affidavit or declaration detailing the facts and supporting evidence for the motion
• File the motion, memorandum, and affidavit/declaration with the court

You can check this off your list and move on to the next step when you have drafted and filed the motion, memorandum, and affidavit/declaration with the court.

An explanation of the court’s role in granting summary judgment and the possible outcomes of the decision

• Understand the purpose of summary judgment – to determine whether there are any genuine issues of material fact that should be decided by a jury or judge
• Learn the criteria for granting summary judgment – must be no genuine issue of material fact, and the moving party must be entitled to judgment as a matter of law
• Analyze the possible outcomes of a summary judgment decision – entry of judgment for the moving party, or dismissal of the action
• Check off this step when you have a good understanding of the court’s role in granting summary judgment, and the possible outcomes of the decision.

The standard the court uses to decide whether to grant summary judgment

• Understand the standard used to make a decision on a summary judgment motion, which is whether there are no disputed material facts and the law is on the side of the movant
• Be able to explain the concept of summary judgment in your own words
• Identify important cases that determine the standard for summary judgment
• Research the applicable law for the summary judgment motion to make sure the court is aware of all relevant considerations
• Check that the summary judgment motion is well-argued and supports the movant’s position with evidence
• When you can confidently explain the standard the court uses to decide whether to grant summary judgment, you can check this off your list and move on to the next step.

The possible outcomes of a successful or unsuccessful summary judgment motion

• Understand the two possible outcomes of a summary judgment motion: a grant or denial of summary judgment.
• If the court grants summary judgment, the plaintiff’s case is dismissed and the defendant wins.
• If the court denies summary judgment, the case will proceed to trial.
• Once you’re familiar with the two possible outcomes of a summary judgment motion, you can move on to the next step.

The implications of the court’s decision

• Understand the implications of the court’s decision: How does this affect the plaintiff and the defendant?
• Research the potential consequences of the summary judgment motion, both positive and negative.
• Evaluate the potential risks and rewards of the summary judgment motion.
• Become familiar with the legal precedent surrounding summary judgments.

You can check this off your list when you have a thorough understanding of the implications of the court’s decision, the potential consequences of the summary judgment motion, and the legal precedent surrounding summary judgments.

Tips and advice on how to effectively prepare for and present a summary judgment motion

• Gather all relevant evidence and ensure it is organized in a clear and concise manner.
• Research case law to support your argument and be sure to cite it accurately.
• Make sure your motion is well-structured and written in plain language.
• Prepare to answer questions from the opposing counsel.
• Practice presenting your argument to help minimize any negative surprises in court.

When you can check this off your list and move on to the next step:

• When you have gathered all relevant evidence, researched case law, structured your motion, and practiced presenting your argument.

What types of evidence should be presented

• Gather all relevant evidence in the case, including documents, witness testimonies, and any other pertinent information.
• Determine which evidence will be most persuasive and advantageous to the party you are representing in the summary judgment motion.
• Draft an affidavit that is accurate and detailed for the court.
• File the motion, along with the evidence gathered, with the court.
• When you have completed this step, you will have filed the motion for summary judgment with the court, along with all the necessary evidence.

How to effectively argue a motion for summary judgment

• Develop a thorough understanding of the relevant law, including the legal standard for summary judgment
• Research and review all the facts, documents, and evidence available to support your case
• Identify and articulate the legal arguments that support your case and explain why the facts presented meet the legal standard for summary judgment
• Draft a persuasive motion for summary judgment that clearly outlines the facts, documents, and evidence that support your position
• Prepare a concise and effective oral argument to present in court
• Be prepared to answer any questions the court may have

How you’ll know when you can check this off your list and move on to the next step: You will know you have effectively argued your motion for summary judgment when the court either grants your motion or denies your opponent’s motion.

How to respond to opposition arguments

• Prepare a response to each argument made by the opposing party
• Provide counter-arguments to the opposition’s claims and support your case with relevant facts and evidence
• Consider the timeline of events leading up to the summary judgement motion, as well as any other relevant information that could be used to challenge the opposition’s arguments
• Make sure to address any precedents set by similar cases in your response
• When you feel your response is comprehensive and persuasive, you can move on to the next step.

A discussion of the potential consequences of a successful or unsuccessful summary judgment motion

• Understand the difference between a successful and an unsuccessful summary judgment motion
• Consider the potential consequences for each party if either a successful or unsuccessful summary judgment motion is granted
• Understand the potential financial implications for each party if either a successful or unsuccessful summary judgment motion is granted
• Consider the potential legal implications for each party if either a successful or unsuccessful summary judgment motion is granted
• Be prepared to address any potential questions about the implications of a successful or unsuccessful summary judgment motion

You will know to move on to the next step when you have an understanding of the potential consequences of a successful or unsuccessful summary judgment motion.

The implications for the parties involved

• Consider the implications of a successful or unsuccessful summary judgment motion for each of the parties involved.
• Consider the potential impacts on the parties, such as financial or reputational damage, if the motion is successful or unsuccessful.
• Evaluate the potential legal implications, including the possibility of an appeal.
• Consider the potential effect on the case, including the potential need to move forward with a trial or to settle the dispute.

When you can check this off your list:

• When you have considered the potential implications of a successful or unsuccessful summary judgment motion for each of the parties involved.
• When you have evaluated the potential impacts on the parties, legal implications, and effects on the case.

The effects on the case

• Determine the effects of a summary judgment.
• Consider how the summary judgment will affect the outcome of the case.
• Review the court’s opinion to understand the impact of the summary judgment.
• Analyze how a summary judgment can change the course of the case and the parties’ rights.
• Understand the implications of a summary judgment for all parties involved in the case.

Once you have determined the effects of the summary judgment on the case, you can move on to the next step.

The potential for financial implications

• Consider any potential financial implications of a summary judgment motion, both for the parties and for the court system.
• Analyze the financial cost of a summary judgment motion to both parties, including the costs associated with submitting the motion, preparing a response, and any potential appeals.
• Examine the potential financial implications for the court system, such as the administrative costs associated with hearing a summary judgment motion and any potential appeals.
• When you have considered all potential financial implications, you can check this off your list and move on to the next step.

A discussion of the legal implications of a successful or unsuccessful summary judgment motion

• Understand the legal implications of a successful motion for summary judgment, such as the court granting the motion and rendering a judgment in favor of the moving party
• Understand the legal implications of an unsuccessful motion for summary judgment, such as the court denying the motion and allowing the case to proceed to trial
• Understand the legal implications of both a successful and unsuccessful summary judgment motion on the parties involved, including the potential for financial implications
• Research relevant case law to support your argument and provide persuasive legal reasoning

Once you have a clear understanding of the legal implications of a successful or unsuccessful summary judgment motion, you can check this off your list and move on to the next step.

The effect on the parties involved

• Understand the potential consequences of a summary judgment ruling on the parties involved.
• Consider both the immediate and long-term impacts of a successful or unsuccessful summary judgment.
• Identify who will be affected positively or negatively by the ruling.
• Be aware of how the decision could affect the parties’ future legal rights and obligations.
• Understand the implications of the ruling on the parties’ rights to a jury trial.

Once you have identified the potential effects of a summary judgment ruling on the parties involved, you can check this step off your list and move on to the next step.

The possible legal ramifications of the decision

• Study the judge’s opinion and order to understand the scope of the decision
• Consider the implications of the decision in terms of both the law and the facts of the case
• Analyze the precedent set by the decision, including any potential ramifications for future cases
• Research any other decisions related to the case to understand how this decision may affect them
• Consider the broader implications of the decision and how it may impact future related cases
• Check off this step when you have a clear understanding of the legal ramifications of the summary judgment decision.

The potential implications for future cases

• Research and understand the legal implications of the summary judgment decision
• Determine the legal principles or rules established by the decision and how they are applicable to other cases
• Analyze the ruling and decide how it will affect future decisions
• Identify the implications of the ruling on other areas of the law
• Create a summary of the ruling and its potential implications

Once you have completed the research and analysis, you can check this off your list and move on to the next step which is an explanation of the appeals process for both successful and unsuccessful summary judgment motions.

An explanation of the appeals process for both successful and unsuccessful summary judgment motions

• Research the applicable rules of appellate procedure in your jurisdiction to understand the process for appealing a summary judgment.
• Determine if the jurisdiction you are in allows appeals from summary judgments.
• Consider the potential impact of a successful appeal on the outcome of the case.
• Understand the different timelines for appealing a summary judgment in your jurisdiction.
• Research the applicable rules for filing an appeal in your jurisdiction.

You can check this off your list when you have a good understanding of the appeals process for both successful and unsuccessful summary judgment motions.

The procedure for filing an appeal

• Prepare an appeal document for filing.
• Make sure to include your name, the lower court’s case number, the name of the court to which you are appealing, a copy of the lower court’s ruling, and a statement of facts and legal issues.
• File your appeal document with the appropriate court.
• File supporting documents such as your transcript, if necessary.
• Once your appeal document is filed, you may need to serve it to the opposing party.
• You will know when you can move on to the next step when your appeal has been accepted and filed by the court.

The timeline for filing an appeal

• Generally, appeals must be filed within 30 days of the judgment; however, the court may allow more time if requested
• Make sure to file the appeal within the time limit provided by the court, or your appeal may be denied
• Research the relevant rules and regulations for filing an appeal in your jurisdiction
• Check the local court rules for any special instructions or timelines
• You will know you have completed this step when the court has received your filing and the appeal period has started

The steps involved in the appeals process

• Know the applicable appeals court: The first step in the appeals process is to understand which appeals court will be handling the summary judgment appeal. Depending on the jurisdiction, this could be the state or federal court of appeals.
• File a notice of appeal: Once the appeals court has been determined, the next step is to file a notice of appeal. This notice is filed with the court of appeals and informs the court that the plaintiff or defendant desires to appeal the summary judgment decision.
• Submit a brief: After filing the notice of appeal, the appellant must submit a brief to the court of appeals. This brief should include the legal arguments that support the appellant’s position.
• Oral argument: The court of appeals may require the appellant to present oral argument to support their position. This is an opportunity for the appellant to explain their legal arguments to the court.
• Receive decision: The final step in the appeals process is to receive a decision from the court of appeals. This decision can either be a reversal of the summary judgment decision or an affirmation.

How you’ll know when you can check this off your list and move on to the next step: You will know that you have completed the steps involved in the appeals process when you have filed a notice of appeal, submitted a brief, presented oral argument (if required), and received a decision from the court of appeals.

A discussion of the importance of following the applicable rules of procedure when filing a summary judgment motion

• Review the applicable rules of procedure in the jurisdiction in which the summary judgment motion is being filed.
• Identify any additional requirements that must be met in order to properly file the motion.
• Draft the motion and supporting documents in accordance with the applicable rules of procedure.
• File the motion with the court in accordance with the applicable rules of procedure.
• When you have done all of the above, you can check this off your list and move on to the next step.

The need to adhere to the applicable rules of civil procedure

• Review the applicable rules of civil procedure governing summary judgments motions in your jurisdiction
• Understand the requirements the court imposes on summary judgments motions
• Determine if the court has imposed any additional requirements, such as a special form or time limit
• Take note of any specific rules or procedures the court may have put in place
• Make sure to follow all of the applicable rules when drafting and filing a summary judgment motion
• When you have reviewed and complied with the applicable rules, you can check this step off your list and move on to the next step.

The consequences of not following the applicable rules of civil procedure

• Understand the potential consequences of not following the applicable rules of civil procedure. These consequences may include a court denying a motion for summary judgment.
• Review any applicable laws in the jurisdiction to ensure you are following the rules and regulations for filing a motion for summary judgment.
• If a motion for summary judgment is denied because the rules and regulations of the jurisdiction were not followed, the court may impose sanctions on the party responsible for the mistake.
• When you are confident that you are familiar with the relevant laws and regulations and that you are adhering to them, you can move on to the next step.

The potential for sanctions if the rules of civil procedure are not followed

• Review applicable court rules and regulations to determine what sanctions may be imposed if the rules of civil procedure are not followed.
• Contact your local court clerk or lawyer to learn more about potential sanctions that may be imposed if procedural rules are not followed.
• Be aware that sanctions may include fines, dismissal of the case, or other penalties depending on the jurisdiction and the severity of the breach.

Once you have reviewed the applicable court rules and regulations and consulted your local court clerk or lawyer to obtain more information on potential sanctions, you can check this off your list and move on to the next step.

An assessment of the benefits and drawbacks of pursuing summary judgment in a particular case

• Identify the potential benefits of seeking a summary judgment in the case
• Consider the potential drawbacks of seeking a summary judgment in the case (e.g., cost and time involved, potential for appeals and counter-motions, etc.)
• Consider the likelihood of success for summary judgment in the case
• Research applicable case law and the relevant legal theories
• Make a final determination of whether summary judgment is the best course of action

You’ll know you can check this off your list and move on to the next step when you have identified and considered all the benefits and drawbacks of seeking a summary judgment in the case, as well as the relevant legal theories and case law.

A discussion of the potential benefits of summary judgment in a given case

• Research the relevant case law to understand how summary judgments have been used in similar situations
• Consider the particular facts of the case and the potential costs and benefits of pursuing summary judgment
• Analyze whether summary judgment would be the most efficient and cost-effective way to resolve the case
• Identify and consider the potential arguments that could be made in favor of summary judgment
• When you have a thorough understanding of the potential benefits of summary judgment in the given case and can demonstrate that it is the most logical course of action, you can check this off your list and move on to the next step.

An evaluation of the potential drawbacks of summary judgment in a given case

• Identify all potential drawbacks of summary judgment in the given case. This can include costs, time frames, procedural issues, legal considerations, and any other risks that may be associated with pursuing summary judgment.
• Research the relevant law and case law to determine if any of the potential drawbacks could be addressed or mitigated.
• Consider the potential impact of summary judgment on the outcome of the case and whether the drawbacks outweigh the benefits identified in the previous step.
• Create a comprehensive list of all potential drawbacks associated with summary judgment in the given case.
• How you’ll know when you can check this off your list and move on to the next step: You have identified all potential drawbacks of summary judgment in the given case, researched relevant law and case law to determine potential solutions, and considered the potential impact of summary judgment on the outcome of the case.

An analysis of the costs associated with pursuing summary judgment in a given case

• Identify the potential costs associated with filing for summary judgment in the given case, including filing fees, attorney fees, and other costs.
• Obtain estimates for the various costs associated with seeking summary judgment.
• Calculate the total cost of pursuing summary judgment in the case.
• Make a determination as to whether the cost of pursuing summary judgment is worth the potential benefits in the given case.
• When you have completed the cost analysis and made a determination as to whether the cost of pursuing summary judgment is worth the potential benefits in the given case, you can check this step off your list and move on to the next step.

FAQ

Q: Does a summary judgment apply to all jurisdictions?

Asked by David on the 7th of June 2022.
A: Summary judgments are applicable in many countries, however the exact laws and regulations can differ between jurisdictions. In the United States, summary judgments are governed by Federal Rule of Civil Procedure 56, while in England and Wales they are governed by Part 24 of the Civil Procedure Rules. Summary judgments may also be available in other European Union countries, although it is best to check with a local lawyer to confirm this.

Q: What is the difference between summary judgment and a motion for summary judgment?

Asked by Isabella on the 15th of August 2022.
A: The terms ““summary judgment”” and ““motion for summary judgment”” are often used interchangeably, however there is an important distinction between them. A ““summary judgment”” is an order from the court that grants a judgement based on the material facts presented before it without any trial being necessary. On the other hand, a ““motion for summary judgment”” is an application filed by one of the parties to the case, asking the court to grant a summary judgement in their favor.

Q: How does a judge make a decision on a summary judgment?

Asked by Joshua on the 18th of October 2022.
A: When deciding whether or not to grant a motion for summary judgement, a judge will consider all of the evidence presented before them and make an assessment as to whether there is sufficient evidence to support granting it. If they believe that there is enough evidence to support granting the motion, they will issue an order declaring it granted. If not, they will deny it and proceed with a trial if necessary.

Q: What kind of evidence do I need to support my motion for summary judgment?

Asked by Emma on the 21st of December 2022.
A: In order to support your motion for summary judgement, you must provide enough evidence to convince the court that your claim has merit and that there is no genuine dispute as to any material fact in the case. This could include things like witness statements, documentary evidence such as contracts or emails, or expert testimony from qualified professionals who can provide insight into your case.

Q: Can I file for summary judgement in my state?

Asked by Joseph on the 1st of March 2023.
A: Summary judgments are often available in most states across the United States; however, it’s always best to check with your local court or lawyer before filing for one. Each state may have different laws and regulations regarding summary judgments, so it’s important to make sure you understand what they are before proceeding with filing one.

Q: What happens if there is no dispute over material facts?

Asked by Daniel on the 8th of May 2023.
A: If there is no genuine dispute over any material facts in a case, then it may be possible for one party to apply for a motion for summary judgement. This means that they could potentially be granted judgement without having to go through a full trial process if they are able to convince the court that their claim has merit based on all of the evidence provided before it.

Q: What happens if my motion for summary judgment is denied?

Asked by Samantha on the 12th of July 2023.
A: If your motion for summary judgement is denied, then you may have no choice but to proceed with a full trial process if you wish to pursue your claim further. However, depending on the details of your case, you may have other options available such as mediation or arbitration outside of court which could potentially help you resolve your dispute more quickly and cost-effectively than going through a full trial process would require.

Q: What are some common defenses against summary judgement?

Asked by Benjamin on the 22nd of September 2023.
A: Common defenses against summary judgements include things like lack of jurisdiction or venue; insufficient service of process; failure to state a claim upon which relief can be granted; improper pleadings or papers; lack of standing; failure to exhaust administrative remedies; intervening change in law; and statute of limitations violations. It’s important to understand these defenses so that you can try and anticipate any arguments that could be made against granting your motion for summary judgement and prepare accordingly if necessary.

Q: What happens if both parties file motions for summary judgement?

Asked by Olivia on the 27th of November 2023.
A: In some cases, both parties may file motions for summary judgement simultaneously - this is known as cross-motions for summary judgement. In these cases, each side can present their arguments before the court and try and convince them why their version should be accepted instead of their opponent’s version - however ultimately it will be up to the judge’s discretion as to which version (if any) will be accepted as correct and granted judgement upon accordingly.

Example dispute

Suing a Company for Breach of Contract

• A plaintiff can pursue a lawsuit referencing a summary judgment if they have been harmed due to the defendant’s failure to abide by the terms of a contract.
• The plaintiff must be able to demonstrate that the defendant breached the contract, and that the breach resulted in damages.
• The defendant may be able to bring a motion for summary judgment if they can demonstrate that they did not breach the contract or that the breach did not cause any damages.
• If the plaintiff can successfully oppose the motion and demonstrate that the breach did, in fact, cause damages, they may be awarded a summary judgment in their favor.
• The damages awarded can be calculated based on the terms of the contract, the amount of harm caused by the breach, and any other legal implications.

Templates available (free to use)

Witness Statement In Opposition To Summary Judgment Application
Witness Statement In Support Of Summary Judgment Application

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